WILL: Stephen Germond; Lansingburgh, Rensselaer co., NY surname: Germond, Mcfarlin, Lawrence, Sternberg, Robinson, Van Kleeck, Elting, Munn, Clark, Leonard, Stover, Smith, Fake, Bloom, Leavins, Roe, Denton, Vincent, Wilkinson, Coffin, McWilliams, Wilson, Doughty, Ketchum, Beadle, Wilbur, Hopkins, Record, Mott, Mabbet, Hall, Munroe, Lossee, Vail, Haff, Storm, Haight, Fryer, Allen, Grant, Wilber, Clapp, Barnet, Pierson, Milliman, Cole, Burt, Goodsell, Barnard, Husbands, Green, Goeway, Dimmick, Seymour, submitted by Gayle Hendren (gr3808 at aol.com) ************************************************ Copyright. All rights reserved. http://www.usgwarchives.org/copyright.htm http://www.usgwarchives.org/ny/nyfiles.htm Submitted Date: December 3, 2005 This file has been created by a form at http://www.genrecords.org/nyfiles/ File size: 56.4 Kb ************************************************ Source: Sampubco.com Rensselaer co NY Will Book Vol. 26 page 232 Written: August 27, 1836 Recorded: May 3, 1839 The last Will & Testament of Stephen Germond deceased with the proof thereof recorded as a will of real estate this 3rd day of May 1839. At a Surrogates Court held for the County of Rensselaer at the City of Troy on the 3rd day of May 1839. Present: Job Pierson Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased. Be it remembered that heretofore that is to say at a Surrogates Court held for the County of Rensselaer at the City of Troy on the fourth day of March 1839 before Job Pierson Surrogate of the County of Rensselaer aforesaid personally appeared Smith Germond one of the Executors named in the last Will & Testament of Stephen Germond late of the town of Lansingburgh in the County of Rensselaer aforesaid deceased & presented his petition to the said Surrogate praying that the said Will of the said deceased might be duly proved & recorded by & before the said Surrogate according to the form of the statute in such case made & provided – And the said Executor then & there made satisfactory proof before the said Surrogate that the said Stephen Germond died a natural death at his residence in the Town of Lansingburgh in the County of Rensselaer aforesaid on or about the 5th day of September 1836. & that the Will of the said deceased relates to both real & personal estate. And the said Executor there & then made satisfactory proofs of the names & places of residence of all the heirs at law & next of kin to the said deceased according to the form of the statute in such case made & provided & that all the said heirs at law & next of kin to the said deceased were of full age except Elmira Germond, Mary E. Germond, Phebe Ann Barnet, Martha M. Barnet, Dewitt C. Barnet, William H. Barnet, Sarah M. Germond, William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Maria McFarlin and Jonathan Vincent who were minors & had no general guardian in the State of New York. And thereupon the said Surrogate did then & there appoint Ebenezer Wilson Junior, Esquire of the City of Troy in said County special guardian for the said minors respectively for the purpose of taking care of their respective interests in the premises. And the said Ebenezer Wilson Junior Esquire did then & there give his written consent which has been duly filed in the office of the said Surrogate to accept such appointment & to serve as such special guardian for the said minors according to the form of the statute in such case made & provided – And thereupon the said Surrogate did then & there issue a citation to all the adult heirs at law & next of kin to the said deceased and to the said special guardian of said minors requiring them to appear & attend the Probate of the said Last Will & Testament of the said deceased in manner & form & in pursuance of the statute in such case made & provided – And thereupon afterwards that is to say at a Surrogates Court held for the County of Rensselaer at the City of Troy on the 1st day of April 1839 before the said Surrogate the said Executor again appeared before the said Surrogate & made satisfactory proof that Isaac Germond who resided as was supposed at the Town of Manchester in the County of Ontario & Schuyler Germond who was supposed to reside in the Town of Bath in the County of Steuben were two of the heirs at law & next of kin to the said deceased & that their names had been omitted in the Citations heretofore issued as aforesaid. Whereupon the said Surrogate did thereupon issue an additional citation including as well the names of the said Isaac Germond & Schuyler Germond as the said other heirs at law & next of kin to the said deceased & the special guardian aforesaid & bearing date on the said 11th day of March 1839 requiring them to appear & attend the Probate of the said Will in manner & form & according to the form of the statute in such case made & provided. And afterwards that is to say at a Surrogates Court held for the County of Rensselaer at the city of Troy on the 16th day of April 1839 before Job Pierson Surrogate of said County the said Smith Germond Executor as aforesaid again appeared & made an affidavit now on file in the office of the said Surrogate in the words & figures following to wit: In the matter of proving the last } Will & Testament of Stephen Germond Deceased.} Rensselaer County ss: Smith Germond one of the Executors named in the last Will & Testament of Stephen Germond deceased being duly sworn upon his oath says that since he made applications to the Surrogate of the County of Rensselaer to have the said last Will & Testament proved before the said Surrogate he is informed & believes that Benjamin A. Germond is deceased & that he died on or about the fourth day of April instant at the Town of Dover in the County of Dutchess and that he left only one child & heir at law viz. Charles Germond who is a minor under the age of twenty one years & who has no general guardian in the State of New York & further saith not – Sworn this 16th day} of April 1839 Before me} Smith Germond J. Pierson Surrogate And thereupon the said Surrogate on the application of the said Smith Germond Executor as aforesaid did by the order of the said Surrogate for the purpose duly made & entered appoint the said Ebenezer Wilson Junior Esquire Special guardian for the said Charles Germond the said minor who became one of the heirs at law of the said Stephen Germond deceased & by the death of the said Benjamin A. Germond for the purpose of taking care of the interests of the said minor in the said proceedings and the said Ebenezer Wilson Junior Esquire then & there gave his written consent which has been duly filed in the office of the said Surrogate to accept such appointment & to serve as such special guardian. And thereupon the said Surrogate did issue a citation under his hand and official seal directed to the said Ebenezer Wilson Junior Esquire special guardian as aforesaid for the said last named minor requiring him to appear before the said Surrogate & attend the Probate of the said Will in manner & form as proscribed by the statute of the State of New York. And afterwards that is to say at a Surrogates Court held for the County of Rensselaer at the City of Troy on the second day of May 1839 before the said Surrogate the said Executors again appeared before the said Surrogate & returned the said several citations heretofore issued in said matter with affidavits and admissions annexed of the due service, direction and publication thereof upon & to the several persons required by law to be served therewith which said several citations & affidavits & admissions of the due service direction and Publication thereof are in the words & figures following that is to say. The people of the State of New York. By the grace of God free and independent: To Anna the wife of Samuel R. Bloom, Rebecca Jane wife of Josephus Leavins, both of the Town of Lansingburgh, in the County of Rensselaer: James Germond of the Town of Schaghticoke in the same County: Levina the wife of Hewlet Germond, Sarah Roe, Willet Germond, Hewlet Germond, Janette Germond & Isaac Germond all of the town of Nassau in the same County. Benjamin A. Germond, Ebenezer Germond, & James Germond of the Town of Dover in the County of Dutchess, Elizabeth the wife of James H. Denton of the Town of Beekman in the county of Dutchess, Richard M. Germond, James Vincent, Deborah the wife of John Wilkinson, Leonard M. Vincent, Jane the wife of Alexander H. Coffin of the Town of Union Vale in the County of Dutchess, George W. Germond, Smith P. Germond, James J. Germond, Mary McWilliams, Morratta Vincent the wife of Walter Wilson of the Town of Washington in the County of Dutchess, Mary the wife of Robert Doughty, Monima the wife of Freeman Hopkins, George McWilliams, Schuyler McWilliams, Julia Amanda McWilliams, Caroline the wife of Eli Ketchum, Phebe the wife of Elisha Beadle, & Elizabeth Wilbur of the Town of Pleasant Valley in the County of Dutchess: Mahala the wife of Henry Ward of the Town of Clinton in the County of Dutchess: Gilbert J. Vincent & Hewlet Germond of the Town of Poughkeepsie in the County of Dutchess: Harvey Record of the Town of Stanford in the County of Dutchess, Susan Mott of the Town of Hamilton in the County of Madison, Anna Mabbet of the Town of Bridgewater in the County of Oneida, Mary the wife of Samuel Hall of the City of Utica, Peter Germond of the City of Albany, Mary Munroe the wife of Doct. Munroe of the Town of Granville in the County of Washington, Sarah the wife of Francis Lossee of the Town Scarsdale in the County of Westchester, Mary the wife of Michael Vail, Caroline the wife of Stephen Haff, Wellington Germond, Catharine the wife of Charles Storm, and Sarah the wife of Caleb Haight, James Germond & Mariah Germond of the city of New York, Peter Germond & Rensselaer Germond of the Town & County of Schoharie, Jane Anne the wife of Ezekiel Fryer of the Town of Livingston in the County of Columbia, Isaac Germond & Anna the wife of David M. Allen of the Town of Flushing in the County of Queens, Phebe the wife of Augustus Grant of Port Byron in the County Cayuga, Parmelia the wife of John C. Wilber of the Town of Wallkill in the County of Orange & all of the State of New York, Deborah Clapp of the Town of Athens in the County of Bradford in the State of Pennsylvania & Eliza Germond whose place of residence is unknown but who is supposed to reside in some part of the State of Ohio. Heirs at Law of Stephen Germond late of the Town of Lansingburgh in the County of Rensselaer & State of New York deceased, And to Ebenezer Wilson Junior Esquire, Special Guardian for Elmira Germond, Mary E. Germond, Phebe Ann Barnet, Martha M. Barnet, DeWitt Barnet, William H. Barnet, Sarah M. Germond William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Maria McFarlin & Jonathan W. Vincent, all of whom are minors and are also heirs at Law & next of kin of the said Stephen Germond deceased. Greeting: You & each of you are hereby cited & required personally to be & appear before our Surrogate of our County of Rensselaer , at the Surrogates office in the City of Troy in said County on Thursday the second day of May next at ten o’clock in the forenoon of that day to attend to the Probate of the last Will & Testament of the said Stephen Germond deceased, which will then & there be offered for that purpose by Smith Germond one of the Executors for the said Will named who has applied to the said Surrogate for the proof of said Will & which Will relates to both real & personal estate – In testimony whereof we have caused the seal L.S. of office of our Surrogate of said County to be hereunto affixed. Witness Job Pierson Esquire, Surrogate of said County at the City of Troy this fourth day of March 1839. J. Pierson Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased Rensselaer County ss: Nathaniel B. Milliman of the city of Troy in the county aforesaid being duly sworn upon his oath says that he did on the 11th day of March instant personally serve Ebenezer Wilson Junior Esquire of the said city of Troy with an appointment under the hand & official seal of the Surrogate of said County. wherein & whereby he was duly appointed Special Guardian for Elmira Germond, Mary E. Germond, Phebe Ann Barnet, Martha M. Barnet, DeWitt C. Barnet, William N. Barnet, Sarah M. Germond, William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Maria McFarlin, & Jonathan W. Vincent, minor heirs at law & next of kin to Stephen Germond deceased for the purpose of appearing for & taking care of their interests in the proceedings to be had before the said Surrogate to prove the will of the said deceased, and that the said Ebenezer Wilson Junior Esquire did at the same time give his written acceptance of said appointment and consent to serve as such Special Guardian according to the form of the Statute in such case made & provided, and this deponent further saith that he did at the same time also serve the said Ebenezer Wilson Junior Esquire with a true copy of the within citation & at the same time showed him the within, with the seal of the Surrogate of the county of Rensselaer thereon impressed. And that he personally deposited another true copy of the within citation to Deborah Clapp, Athens, Bradford Co. Pa, and another copy of said citation to Eliza Germond, Columbus Ohio, & further saith not. Sworn before me this 11th day of March 1839 N.B. Milliman(?) J. Pierson Surrogate The People of the State of New York, by the grace of God free and Independent – to Anna, the wife of Samuel R. Bloom, Rebecca Jane wife of Josephus Leavins both of the Town of Lansingburgh in the County of Rensselaer, James Germond of the Town of Schaghticoke in the same County, Levina the wife of Hewlet Germond, Sarah Roe, Willet Germond, Hewlett Germond, Janette Germond & Isaac Germond, all of the Town of Nassau in the same County. Benjamin A. Germond, Ebenezer Germond & James Germond of the Town of Dover in the County of Dutchess. Elizabeth the wife of James H. Denton of the Town of Beekman in the County of Dutchess, Richard M. Germond, James Vincent, Deborah the wife of John Wilkinson, Leonard M. Vincent, Jane the wife of Alexander H. Coffin of the Town of UnionVale in the county of Dutchess. George W. Germond, Smith P. Germond, James J. Germond, Mary McWilliams, Morratta Vincent and Nancy the wife of Walter Wilson of the Town of Washington in the County of Dutchess. Mary the wife of Robert Doughty. Monima the wife of Freeman Hopkins, George McWilliams, Caroline the wife of Eli Ketcham, Phebe the wife of Elisha Beadle & Elizabeth Wilber of the Town of Pleasant Valley in the County of Dutchess. Mahala the wife of Henry Ward of the Town of Clinton in the County of Dutchess, Gilbert J. Vincent & Hewlet Germond of the Town of Poughkeepsie in the County of Dutchess. Harvey Record of the Town of Stanford in the County of Dutchess. Susan Mott of the town of Hamilton in the County of Madison. Anna Mabbet of the Town of Bridgewater in the County of Oneida, Mary the wife of Samuel Hall of the City of Utica, Peter Germond of the city of Albany, Mary Munroe the wife of Doct. Munroe of the Town of Granville in the County of Washington, Sarah the wife of Francis Lossee of the Town of Scarsdale in the County of Westchester, Mary the wife of Michael Vail, Caroline the wife of Stephen Haff, Wellington Germond, Catharine the wife of Charles Storm, & Sarah the wife of Caleb Haight. James Germond & Maria Germond of the city and county of New York. Peter Germond & Rensselaer Germond of the Town & County of Schoharie, Jane Anne the wife of Ezekiel Fryer of the Town of Livingston in the county of Columbia. Isaac Germond & Anna the wife of David M. Allen of the Town of Flushing in the County of Queens. Phebe the wife of Augustus Grant of Port Byron in the county of Cayuga; Parmelia the wife of John C. Wilber of the Town of Walkill in the County of Orange & all of the state of New York, Deborah Clapp of the Town of Athens, County of Bradford & State of Pennsylvania & Elisa Germond whose place of residence is unknown but who is supposed to reside in some part of the State of Ohio, heirs at Law of Stephen Germond late of the Town of Lansingburgh in the county of Rensselaer and State of New York deceased & to Ebenezer Wilson Junior Esquire Special guardian for Elmira Germond, Mary E. Germond, Phebe Ann Barnet, Martha M. Barnet, DeWitt C. Barnet, William H. Barnet, Sarah M. Germond, William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Maria McFarlin, & Jonathan W. Vincent, all of whom are minors & are also heirs at Law & next of kin of the said Stephen Germond deceased. Greeting. You & each of you are hereby cited & required personally to be & appear before our Surrogate of our County of Rensselaer at the Surrogates office in the city of Troy in said County on Thursday the second day of May next, at ten o’clock in the forenoon of that day to attend to the probate of the last Will & Testament of the said Stephen Germond deceased which will then & there be offered for that purpose by Smith Germond on e of the Executors in the said Will named who has applied to the said Surrogate for the proof of said Will & which Will relates to both real & personal estate. In testimony whereof we have cause the Seal of office of our Surrogate of said County to be hereunto affixed. Witness Job Pierson L.S. Esquire Surrogate of said County at the City of Troy this fourth day of March 1839. J. Pierson Surrogate State of New York City & County of Albany ss: Philo K. Cole of the City of Albany, being duly sworn says that he is foreman in the office of the Albany Argus. The paper published by the Printer to the State & that the notice, of which the annexed is a Printed Copy, has been regularly published in said Albany Argus once in each week for six weeks successively commencing on the eighteenth day of March last past. Sworn before me this 26th day Philo K. Cole Of April 1839. T.M. Burt Commissioner of Deeds. State of New York Oneida County ss: Livingston Goodsell of the city of Utica in the county of Oneida in the State of New York being duly sworn says that he personally served Mary Hall the wife of Samuel Hall of the city of Utica in the said county with a true copy of the annexed original citation by delivering said copy to her on the 12th day of April 1839. And this deponent further saith that at the time of the above service by delivering said copy to the person above named he this deponent showed to said person the annexed original citation aforesaid & the seal of the Surrogate of the County of Rensselaer thereon impressed. And that the above person so served as aforesaid is the same person named in the said original citation hereto annexed, and that she was at the time of said service of full age & further this deponent saith not. Subscribed & Sworn this 15th Livingston Goodsell day of April 1839 Before me Harvey Barnard Com. of Deeds State of New York Oneida County ss: Joseph D. Husband of the Town of Sangerfield in the County of Oneida & State of New York, being duly sworn upon his oath says that he personally served Anna Mabbet of the town of Bridgewater in the said County of Oneida with a true copy of the annexed original citation by delivering said copy to her on the 22nd day of March 1839. And this deponent further says that at the time of the above service by delivering the said copy to the said Anna Mabbet above named he this deponent showed to her the annexed original citation aforesaid & the seal of the Surrogate of the County of Rensselear thereon impressed. And that the above person so served as aforesaid is the person named in the said original citation hereto annexed, And that she was at the time of said service aforesaid of full age & further saith not. Subscribed & Sworn the 17th Jos. D. Husbands day of March 1839 Before me. John M. Mott Com. of Deeds. In the matter of proving the last Will & Testament of Stephen Germond deceased: Rensselaer County ss: Emory B. Green of the town of Lansingburgh in said County being duly sworn upon his oath says that he did on the third day of April 1839 personally serve a true copy of the within original Citation upon Mary Munroe of the Town of Granville in the County of Washington named as heir at Law & next of kin to the said deceased in the within citation by delivering to her on that day a true of the within – And this deponent further says that he did at the time of said service as aforesaid show to the said Mary Munroe the within original citation with the seal of the Surrogate of the County of Rensselaer thereon impressed. And that the said Mary Munroe at the time of said service was of full age & further saith not. Subscribed & Sworn this 15th Emory B. Greene day of April 1839 Before me. J. Pierson, Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased Rensselaer County ss: Guy Y. Goeway of the town of Lansingburgh in the county of Rensselaer aforesaid being duly sworn upon his oath says that he personally served a true copy of the within citation & showed the within original with the seal of the Surrogate of the County of Rensselaer thereupon impressed, on the persons herein after named at the time & in the manner herein after named to Wit: On Hewlet Germond, Willet Germond, Janette Germond, Isaac Germond & Sarah Roe of the Town of Nassau in the County of Rensselaer aforesaid & as this deponent is informed and believed, by delivering to each of the said above named persons a true copy of the within original Citation on the fifteenth day of April instant & at the same time showed to each the within original citation and the seal of the said Surrogate thereon & further this deponent saith not. Sworn before me this 15th Guy Y. Goeway day of April 1839. J. Pierson, Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased Broome County ss: I Rensselaer Germond named in the within citation do hereby admit that I have this day been served with a copy of said citation & this original shown to me, April 15 1839. Rensselaer Germond Broom County ss: Levi Dimmick of the Town of Chenango in the County of Broome being duly sworn upon his oath says that the above admission of Service of the within citation was subscribed by Rensselaer Germond one of the heirs within named in presence of this deponent & further saith not. Sworn this 25 day Levi Dimmick of April 1839 Before me Und. Sheriff Wm. Seymour First Judge of Broome Com Pleas The People of the State of New York. By the Grace of God free & Independent: To Ebenezer Wilson Junior Esquire of the city of Troy in the County of Rensselaer special guardian for Charles Germond who is a minor & one of the heirs at Law & next of kin of Stephen Germond late of the Town of Lansingburgh in the county of Rensselear deceased. Greeting: You & each of you are hereby cited & required personally to be & appear before our Surrogate of our County of Rensselaer on Thursday the second day of May next, at ten o’clock in the forenoon of that day to attend to the probate of the last Will & Testament of the said Stephen Germond deceased which will then & there be offered for that purpose by Smith Germond one of the executors in said Will named who had applied to the said Surrogate for the proof of said Will & which Will relates to both real & personal estate. In Testimony whereof we have caused the seal of office of our Surrogate of said County to be hereunto affixed. Witness Job Pierson, Esq. Surrogate of Said County at the City of Troy this 16th day of April 1839. J. Pierson, Surrogate Surrogates Court In the matter of proving the last Will & Testament of Stephen Germond deceased. Rensselaer County ss: Nathaniel B. Milliman of the City of Troy in the County of Rensselear aforesaid being duly sworn upon his oath says that he personally served the within original Citation upon Ebenezer Wilson Junior Esquire of the city of Troy aforesaid on the 16th day of April 1839, by personally delivering to him a true copy thereof on that day & at the same time showing the within & the seal of the Surrogate of Rensselaer County thereon impressed. And this deponent further says that he served upon the said Ebenezer Wilson Junior Esquire on the said 16th day of April 1839 an appointment under the hand & official seal of said Surrogate of said County. Wherein & whereby the said Ebenezer Wilson Junior Esquire was duly appointed special guardian for Charles Germond one of the minor heirs at Law & next of kin to the said Stephen Germond deceased for the purpose of appearing for & taking care of the interests of said minor in the proceedings before the said Surrogate to prove the Will of the said deceased, and that the said Ebenezer Wilson Junior Esquire did at the time last aforesaid give his written acceptance of said appointment & consent to serve as such special guardian as aforesaid according to the form of the Statute in such case made and provided & further saith not. Sworn before me this 16th day of April 1839. N.B. Milliman J. Pierson, Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased. Rensselaer County ss: Richard M. Germond of the Town of Union Vale in the County of Dutchess being duly sworn upon his oath says that he served the annexed original citation on the following named persons at the time and in the manner herein after mentioned to Wit: On Nancy Wilson of the Town of Washington in the County of Dutchess, Mary McWilliams of the same place, Elizabeth Wilber of Pleasant Valley in the county of Dutchess, Julia Amanda McWilliams, of the same place, Phebe Beadle, Mary Doughty, James J. Germond, Monima Hopkins & Caroline Ketchum all of the same place, Mahala Ward, George McWilliams, Schuyler McWilliams, of the Town of Clinton in the said County of Dutchess – on the tenth day of April 1839. On Harvey Record of Amenia in the County of Dutchess, James Germond of Dover in the same county, Ebenezer Germond of Washington in same county, George W. Germond of Washington in the same county & Smith P. Germond of the same Town & County on the 11th day of April 1839, On Morratta Vincent of Washington in the said County of Dutchess, on the 12th day of April 1839, on James Vincent of Union Vale, Jane Coffin of the same place, & Deborah Wilkinson of the same place, all in the said County of Dutchess on the 13th day of April 1839. On Leonard M. Vincent of Union Vale in the said County of Dutchess on the 16th day of April 1839. On Elizabeth Denton of Beekman in the said County of Dutchess on the 13th day of April 1839. On Parmelia Wilber of the Town of Walkill in the County of Orange on the 15th day of April 1839, by personally delivering to each & every of the above named persons a true copy of said annexed original citation at the respective times above stated and that tat the respective times of said service of said citation he this deponent showed to each of the above named persons so served with copies of the annexed citation as aforesaid, the said annexed citation and the seal of the Surrogate of the County of Rensselaer thereon impressed – and this deponent further says that he was duly served with a true copy of the annexed original citation on the 9th day of April 1839 & further saith not. Sworn this 18th day of Richard M. Germond April 1839 Before me J. Pierson Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased County of Schoharie ss: Marcus Sternberg Under Sheriff of the said county being duly sworn upon his oath that he personally served the within original citation upon Peter Germond of said Town & County of Schoharie, also therein named on the sixteenth day of April 1839 by personally delivering a true copy of said citation on that day & that at the time of serving the said copy on the above named person he this deponent showed him the said within original citation & the seal of the Surrogate of the County of Rensselaer thereon impressed - & further saith not. Subscribed & Sworn this 16th Marcus Sternberg day of April 1839 Before me Under Sheriff as to the service on Peter Germond of the county of Schoharie Geo Lawrence Commissioner of Deeds of Said County. Surrogates Court In the matter of proving the last Will & Testament of Stephen Germond deceased. Rensselaer County ss: Smith Germond of the Town of Lansingburgh in the County of Rensselaer aforesaid being duly sworn upon his oath says that he served the annexed citation upon the following named persons at the times & in the manner hereinafter named to wit: On Susan Mott & Anna Bloom on the 26th day of March 1839. On James Germond of the Town of Schaghticoke in the said County on the 27th day of March 1839. On Peter Germond of Albany on the 29th day of March 1839. On Mary Vale on the 2nd day of April 1839. On Caroline Haff on the 3rd day of April 1839. On James Germond of the City & County of New York on the 3rd day of April 1839. On Wellington Germond & Catharine Storm on the 3rd day of April 1839. On Sarah Lossee on the 4th day of April 1839. On Anna Allen on the 6th day of April 1839. On Isaac Germond of the Town of Flushing in the County of Queens – on the 6th day of April 1839 - On Gilbert Vincent on the 9th day of April 1839. On Hewlett Germond of the Town of Poughkeepsie in the County of Dutchess on the 9th day of April 1839. On Rebecca Jane Leavins & Levina Germond on the 13th day of April 1839. And on Jane Ann Fryer on the 15th day of April 1839, by personally delivering a true copy of the aforesaid annexed original citation to each of the above named persons respectively, at the times above stated & that at the times when said service of said copies were so as aforesaid made upon each of the above named persons respectively, he this deponent showed to each of said persons respectively, the annexed original citation with the seal of the Surrogate of the County of Rensselaer thereon impressed & further saith not. Subscribed & Sworn this 18th day of April 1839 before me. Smith Germond J. Pierson, Surrogate State of New York Cayuga County ss: We Augustus Grant & Phebe M. his wife, of Port Byron in the County of Cayuga do hereby admit that we have been served with a copy of the within citation this 15th day of April 1839. A.R. Grant On the 15th day of April 1839 Phebe M. Grant Augustus Grant & Phebe M. his wife To me known appeared before me & acknowledged that they had signed the above admission for the uses & purposes therein mentioned. Denison Robinson Com. of Deeds. In the matter of Proving the last Will & Testament of Stephen Germond deceased Rensselaer County ss: Smith Germond one of the executors named in the last Will & Testament of Stephen Germond late of the Town of Lansingburgh in the county of Rensselaer deceased being duly sworn upon his oath says that since the citations were issued in the above matter he this deponent had ascertained that Elmira Germond one of the heirs at Law therein named & stated to be a minor therein, is in fact of the full age of twenty one years – And this deponent further says that he did on the twenty second day of April last serve the annexed citation upon the said Elmira Germond by personally delivering to her on that day a true copy of said citation & at the same time showing her the annexed original citation & the official seal of the Surrogate of the County of Rensselaer impressed thereon – And this deponent further says that the said Elmira Germond resided at the time of such service in the Town of Schaghticoke in the County of Rensselaer & was of full age & further saith not. Subscribed & Sworn this Smith Germond 1st day of May 1839 before me. J. Pierson Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased City & County of New York ss: William H. Van Kleeck of the city & county being duly sworn upon his oath says that he did on the thirteenth day of April 1839 personally served a true copy of the within original citation upon Sarah Haight & Maria Germond of the city & County of New York, aforesaid, named as heirs at Law and next of kin to the said deceased in the within citation by delivering to her on that day a true copy of the within citation, and this deponent further says that he did at the time of said service as aforesaid show to the said Sarah Haight & Maria Germond the within original citation with the seal of the Surrogate of the county of Rensselaer thereon impressed & that the said Haight & Germond at the time of said service were both of full age and further saith not. Subscribed & Sworn this 15th day of April 1839 before me. Wm. H. Van Kleeck Wm. H Elting Commissioner of Deeds. The People of the State of New York. By the Grace of God free and Independent: To Isaac Germond of the Town of Manchester in the County of Ontario, Schuyler Germond of the Town of Bath in the County of Steuben. To Ann, the wife of Samuel R. Bloom, Rebecca Jane wife of Josephus Leavins, both of the Lansingburgh in the County of Rensselaer. James Germond of the Town of Schaghticoke in the same County. Levina the wife of Hewlet Germond, Sarah Roe, Willet Germond, Hewsted Germond, Janette Germond & Isaac Germond all of the town of Nassau in the same County. Benjamin A. Germond, Ebenezer Germond & James Germond of the Town of Dover in the County of Dutchess. Elizabeth the wife of James H. Denton of the Town of Beekman in the County of Dutchess. Richard M. Germond, James Vincent, Deborah the wife of Alexander H. Coffin of the Town of Union Vale in the county of Dutchess. George W. Germond, Smith P. Germond, James J. Germond, Mary McWilliams, Moratta Vincent & Nancy the wife of Walter Wilson of the Town of Washington in the County of Dutchess, Mary the wife of Robert Doughty, Monima the wife of Freeman Hopkins. George McWilliams, Schuyler McWilliams, Julia Amanda McWilliams, Caroline the wife of Eli Ketcham, Phebe the wife of Elisha Beadle & Elizabeth Wilber of the Town of Pleasant Valley in the County of Dutchess. Mahala the wife of Henry Ward of the Town of Clinton in the County of Dutchess. Gilbert J. Vincet, Hewlet Germond of the Town of Poughkeepsie in the County of Dutchess. Harvey Record of the Town of Stanford in the County of Dutchess. Susan Mott of the Town of Hamilton in the County of Madison. Anna Mabbit of the Town of Bridgewater in the County of Oneida. Mary the wife of Samuel Hall of the City of Utica. Peter Germond of the City of Albany. Mary Munroe wife of Doct. Munroe of the Town of Granville in the County of Washington. Sarah the wife of Francis Lossee of the Town of Scaresdale in the County of Westchester. Mary the wife of Michael Vail. Caroline the wife of Stephen Haff. Wellington Germond & Catharine the wife of Charles Storm, & Sarah the wife of Caleb Haight, James Germond & Mariah Germond of the City of New York. Peter Germond & Rensselaer Germond of the Town & County of Schoharie. Jane Ann the wife of Ezekiel Fryer of the Town of Livingston in the County of Columbia, Isaac Germond & Anna the wife of David M. Allen of the Town of Flushing in the County of Queens – Phebe the wife of Augustus Grant of Port Byron in the County of Cayuga, Parmelia the wife of John C. Wilber of the Town of Walkill in the County of Orange & all of the State of New York. Deborah Clapp of the Town of Athens, County of Bradford & State of Pennsylvania, & Eliza Germond whose place of residence is unknown, but who is supposed to reside in some part of the State of Ohio. Heirs at Law of Stephen Germond, late of the Town of Lansingburgh in the County of Rensselaer & State of New York deceased. And to Ebenezer Wilson Junior Esquire, Special guardian for Elmira Germond, Mary E. Germond, Phebe Ann Barnet, Martha M. Barnet, Dewitt C. Barnet, William H. Barnet, Sarah M. Germond, William Germond, Levi Germond, Jane Ann McFarlin, James McFarlin, Maria McFarlin, & Johnathan W. Vincent all of whom are minors & are also heirs at Law & next of kin of the said Stephen Germond deceased. Greeting: - You & each of you are hereby cited & required personally to be & appear before our Surrogate of our County of Rensselaer at the Surrogates office in the city of Troy in said County on Thursday the Second day of May next at ten o’clock in the forenoon of that day to attend to the Probate of the last Will & Testament of said Stephen Germond deceased which will then & there be offered for that purpose by Smith Germond one of the Executors in the said Will named, who has applied to the said Surrogate for the proof of said Will & which Will relates to both real & personal Estate – In Testament whereof we have caused the seal of office of our Surrogate of said county to be hereunto affixed. Witness Job Pierson, Esquire Surrogate of said County at the city of Troy this fourth day of March 1839. J. Pierson, Surrogate In the matter or proving the last Will & Testament of Stephen Germond deceased Rensselaer County ss: Smith Germond one of the Executors named in the last Will & Testament of Stephen Germond deceased being duly sworn upon his oath says that at the time the annexed citation was issued this deponent was informed & believed that Schuyler Germond therein named resided in the Town of Bath in the County of Steuben and this deponent caused a citation & copy thereof to be sent to the sheriff of the said County of Steuben for the purpose of having the same duly served upon the said Schuyler – that the said Sheriff returned the said citation to the Surrogate with a letter informing the said Surrogate that the said Schuyler Germond had removed from the said County of Steuben to the Province of Upper Canada & this deponent verily believes that the said Schuyler Germond now resides in the Province of Upper Canada and did reside there when the said citation was issued & further saith not. Subscribed & Sworn this 2nd day of Smith Germond May 1839 Before me. J. Pierson Surrogate In the matter of proving the last Will & Testament of Stephen Germond deceased Ontario County ss: William S. Clark of the Town of Canandaigua in the said County being duly sworn upon his oath says that he did on the 11th day of April 1839 personally serve Isaac Germond of the Town of Hopewell in said County with the within original citation by delivering a true copy of the same to the said Isaac on that day – and this deponent further says that he did at the time of the service aforesaid show to the said Isaac Germond the within original citation & the seal of the Surrogate of the County of Rensselaer thereon impressed & further saith not. Subscribed & Sworn this 11th day of April 1839 Before me. William S. Clark Ansel Munn Comm. Of Deeds of Ontario County And thereupon the said Surrogate being satisfied with the proof made in the premises that the said citations have been duly served, published and directed according to law & the said Special guardian for the said several minors having appeared before the said Surrogate & made no objection to the said proceedings and no person appearing before the said Surrogate to contest the validity of the said Will, it was thereupon then & there ordered by the said Surrogate that the said Smith Germond Executor as aforesaid have leave to proceed to prove the said Will & thereupon the said Will being produced before the said Surrogate the proof thereof was in the words & figures following to wit: County of Rensselaer Surrogates Court In the matter of proving the Will & Testament of Stephen Germond deceased. County of Rensselaer ss: Frederick B. Leonard of the Town of Lansingburgh in the County of Rensselaer aforesaid being first duly sworn in open Court, on his corporal oath doth solemnly depose & say, that he is a subscribing witness to the last Will & Testament of Stephen Germond late of the Town of Lansingburgh in the county of Rensselaer aforesaid deceased, And this deponent further saith that the said Stephen Germond the said Testator did in the presence of this deponent subscribe his name, at the end of the instrument which is now shown & exhibited to this deponent & which purports to be the last Will & Testament of the said Stephen Germond & which bears date on the twenty seventh day of August in the year of our Lord on thousand Eight hundred & thirty six – And this deponent further saith that the said Stephen Germond the said Testator at the said time of subscribing his name as aforesaid at the end of the said Will declared the said instrument so subscribed & now exhibited to be his last Will & Testament, And this deponent did thereupon subscribe his name at the end of the said Will as an attesting Witness thereto, and at the request of the said testator in his presence, And this deponent further saith that at the said time when the said testator subscribed his name, to the said last Will as aforesaid & at the time of this, deponents subscribing his name as an attesting Witness thereto, as aforesaid, the said Stephen Germond was of sound mind & memory, of full age to execute a will & was not under any restraint to the knowledge, information or belief of this deponent: And that Martin Stover & Michael LaTouche the two other Witnesses to said Will did at the same time together with this deponent subscribe their names to the said Will as witnesses thereto, at the request of the said Testator in his presence & in presence of each other : & further this deponent saith not. Subscribed & Sworn this Second day of May 1839 Before me. F. B. Leonard J. Pierson, Surrogate of Rensselaer County. And thereupon the said executor made satisfactory proof before the said Surrogate that Martin Stover another subscribing witness to said Will was unable to attend before the said Surrogate on the said 2 day of May 1839 for the purpose of being sworn & examined touching the validity of the said Will and at the request of the said Executor the said Surrogate did thereupon then & there adjourn the further hearing of the proofs of the Execution & Validity of said Will to the third day of May 1839 at 10 O’clock in the forenoon of that day at the office of the said Surrogate in the city of Troy aforesaid. And thereupon afterwards that is to say at a Surrogates Court held for the County of Rensselaer at the city of Troy on the 3rd day of May 1839 before the said Surrogate the said executor again appeared & produced the said Martin Stover the said subscribing witness & the said Will being again then & there produced before the said Surrogate, the further proof thereof was in the words and figures following to wit: County of Rensselaer Surrogates Court In the matter of proving the Will & Testament of Stephen Germond deceased County of Rensselaer ss: Martin Stover of the Town of Pittstown in the County of Rensselaer aforesaid being first duly sworn in open court on his corporal oath doth solemnly depose & say that he is a subscribing Witness to the last Will & Testament of Stephen Germond late of the Town of Lansingburgh in the County of Rensselaer aforesaid deceased. And this deponent further saith that the said Stephen Germond the said testator did in the presence of this deponent subscribe his name at the end of the instrument which is now shown & exhibited to this deponent, and which purports to be the last Will & Testament of the said Stephen Germond, and which bears date on the twenty seventh day of August in the year of our Lord one thousand eight hundred & thirty six – And this deponent further saith that the said Stephen Germond the said testator, did at the said time of subscribing his name, as aforesaid, at the end of the said Will, declared the said instrument so subscribed & now exhibited to be his last Will & Testament: - and this deponent did thereupon subscribe his name at the end of the said Will, as an attesting Witness thereto & at the request of the said Testator & in his presence, And this deponent further saith that at the said time, when the said testator subscribed his name to the said last Will as aforesaid, and at the time of this deponents subscribing his name, as an attesting witness thereto, as aforesaid, the said Stephen Germond was of sound mind & memory, of full age to execute a Will & was not under any restraint to the knowledge, information or belief of this deponent. And that Frederick B. Leonard & Michael LaTouche the two other witnesses to said Will did at the same time together with this deponent subscribe their names to the said Will as witnesses thereto, at the request of the said Testator, in his presence & in presence of each other, & further this deponent saith not. Subscribed & Sworn this 3rd day of May 1839 Before me. Martin Stover J. Pierson, Surrogate of Rensselaer County. And thereupon the said Surrogate being satisfied with the proofs made in the premises that the said Stephen Germond did execute the said Will & publish the same as & for his last Will & Testament in due form of Law that the same was duly attested by the Witnesses whose names are thereunto subscribed in presence of & at the request of the said Testator & at the time the said Will bears date. And that at the time the said Testator executed the said Will, he was of sound mind & memory of full age to execute a Will, competent in all respects to devise real estate & not under any restraint – And the said Surrogate being satisfied from the proofs aforesaid of the genuineness & validity of said Will. It was thereupon then & there ordered by the said Surrogate that the said Will be & the same is hereby duly admitted to probate both as a Will of Real & Personal Estate. And it is further ordered by the said Surrogate that the said Will together with the proofs thereof be recorded as a Will of Real Estate & which said proofs so ordered to be recorded are herein before recorded & contained & which said Will so ordered to be recorded is in the words and figures following to wit: Will In the name of God Amen, I Stephen Germond of the Town of Lansingburgh in the County of Rensselaer & State of New York being weak in body but of sound mind & memory blessed be almighty God for the same., do make & publish this my last Will & Testament in manner following that is to say. First – I give & devise all my property & estate both real & personal wheresoever the same may be to my brother Smith Germond of Lansingburgh In trust never the less to answer the intent & meaning of this my Will viz: It is my will that the said Smith Germond shall within a reasonable time after my decease & within sufficient time to pay the legacies herein after mentioned & bequeathed, sell, dispose of & convey all my estate both real & personal at public auction or private sale as he may deem proper & out of the monies arising from such sale of my said real & personal estate first to pay all my just debts, funeral charges & the expense of settling my estate. Secondly – To pay to the following children of my deceased brother Samuel Germond viz. Anna the wife of John Mabbett, Lavina Germond, James Germond, Phebe Germond, Rebecca Jane Germond, Almira Germond, Mary Elizabeth Germond, each the sum of one hundred dollars which I hereby bequeath to them & order the same to be paid to them within two years from the time of my decease if they shall then have all attained the age of twenty one years – and to those of said children who shall not have attained the age of twenty one years at the expiration of two years from my decease I order & direct the said Smith Germond to pay their said legacies as they shall respectively attain the said age with interest to commence running in two years after my decease. Third – out of the monies arising from the sale of my real & personal estate I direct the said Smith Germond to invest the sum of three hundred dollars the interest of which after the expiration of two years from my decease shall be paid annually to Mary Germond the widow of the said Samuel during her natural life – And also to invest the further sum of three hundred dollars to pay the interest thereof after the expiration of two years from my decease to Susan Germond another daughter of the said Samuel deceased, annually during her natural life, and at the death of the said widow & also at the decease of the said Susan the sum so invested for their benefit as aforesaid shall be paid to the other children of the said Samuel or their heirs share and share alike.- Fourth – Out of said monies arising from said sale as aforesaid, I direct the said Smith Germond to invest the further sum of one thousand dollars & to pay the interest thereof from & after the expiration of two years after my decease annually to my sister Anna Bloom during her natural life. And if in the opinion of my said trustee the said Anna Bloom shall require more than the interest of the said sum of one thousand dollars annually for her support then my said trustee is authorized & empowered to apply so much of the principal sum of one thousand dollars from time to time as he may deem necessary for the support of the said Anna – and after the decease of the said Anna I give and bequeath the said sum of one thousand dollars so invested for her use as follows viz. to William Smith, one hundred & fifty dollars, to James Germond Mott son of John M. Mott fifty dollars – To Stephen Germond Mott fifty dollars. To Mary Hall twenty five dollars & to Betsey Henry twenty five dollars. if enough remains of the said one thousand dollars after the decease of my said sister Anna Bloom to pay the said last mentioned Legacies and if not then they are to be paid out of what does remain a sum in proportion to the sum bequeathed to each & if any more of the said one thousand dollars shall remain unexpended at the decease of the said Anna, than is sufficient to pay the said last mentioned bequests I give & bequeath such remainder to the heirs of Susan Mott share & share alike. – Fifth – I give & bequeath to my Sister Susan Mott the sum of one thousand dollars to be paid by my said trustee out of the monies arising from the sale of my said estate in two years after my decease. Sixth – I further give & bequeath to William Smith two new good suits of clothes a hat & pair of boots to be furnished him by my executors within one year after my decease – Seventh – out of the monies arising from the sale of my said estate, I direct the further sum of two hundred dollars to be invested & the interest thereof commencing in two years after my decease to be annually paid to my niece Betsey Henry during her natural life, & at her decease to be divided among her children if she has any & if not then the principal if any is left to go to my brother Smith – But it is my Will that if my Brother Smith should think it necessary to expend any or all of the said principal of two hundred dollars for the support of the said Betsey Henry during her life that he will pay it to her as her necessities may require. Eighth – but of the said monies arising from the sale of my said estate I further give and bequeath the sum of two hundred dollars to Stephen Germond Mott. The further sum of One hundred dollars to my nephew Smith Mott. The life sum of one hundred dollars to my nephew John M. Mott – the further sum of one hundred dollars to my niece Susan G. Mott. the further sum of one hundred dollars to my nephew Addison Mott- the further sum of one hundred dollars to my niece Sarah Mott, the further sum of one hundred dollars to my niece Sarah Mott, the further sum of one hundred dollars to my niece Lydia Mott – the further sum of one hundred dollars to my niece Jane Germond & the further sum of one hundred dollars to my niece Mary Hall which said last mentioned legacies are to be paid by my said trustee within two years after my decease.- Ninth – All the rest & residue of the monies arising by the sale of my real & personal estate as aforesaid. I give & bequeath to my Brother Smith Germond for his own proper use and benefit forever – And whereas a great sacrifice of my real & personal estate may be made by a forced sale thereof, within the time above mentioned for the payment of said legacies. Now therefore if the said Smith Germond can & shall pay in any other way than by the sale as aforesaid the said legacies above bequeathed & the interest of the several sums ordered to be invested as aforesaid, then & in that case it is my will that the said Smith Germond should have such further time to sell & dispose of my said real & personal estate as he may at his discretion deem best calculated to avoid a sacrifice – If the said Smith Germond should die before he shall have sold & disposed of my said real estate or any part or parts thereof then it is my will that the executors of the said Smith Germond or such of them as shall qualify as executors & the survivors or survivor of them, shall sell, dispose & convey as soon as conveniently may be after the death of the said Smith all the real estate belonging to me which shall then remain unsold, and that the said Executors of the said Smith hold the monies arising by such sale & disposition thereof to the use benefit and behoof of such person or persons & in such proportions & in such manner as the said Smith Germond shall by his last Will & Testament limit & appoint. And if the said Smith Germond shall make no such limitation or appointment by his last Will or if he shall die intestate then it is my Will that his executors or administrators as the case may be shall with all convenient speed proceed to sell & dispose my aforesaid real & personal Estate or so much thereof as remains unsold & pay over the monies arising by such sale (after paying & satisfying the legacies & bequests herein before mentioned if they or any of them remain unpaid) to my heirs in the proportions of one to every female & two to every male heir so that each female shall have only one half as much as a mail heir. But in default of female heirs to pay over such monies as last aforesaid to the male heirs in equal proportions & in default of male heirs to pay over such monies as last aforesaid to the female heirs in equal proportions. Lastly – I nominate, constitute & appoint my brother Smith Germond & my friend John S. Fake executor of this my last Will and Testament hereby expressly revoking all former Wills by me made – In Testimony Whereof I the said Stephen Germond have hereunto set my hand & seal this twenty seventh day of August in the year of our Lord one thousand eight hundred & thirty six – Signed Sealed Published & Declared by the said Testator to be his last Will & Testament Stephen Germond L.S. in the presence of us who have hereunto subscribed our names at witnessed at the request of the said Testator in his presence & in presence of each other – F.B. Leonard, Lansingburgh, N.Y. Michael LaTouche “dd” Martin Stover Pittstown, N.Y. County of Rensselaer ss: I Job Pierson Surrogate of the County of Rensselaer do hereby certify the foregoing to be a true record of the last Will & Testament of Stephen Germond deceased, with the proofs thereof, both as a Will of Real & personal estate. And that the same was duly recorded as a Will of Real Estate on the 3rd day of May 1839. J. Pierson, Surrogate Additional Comments: Spelling, punctuation are as written in the original document.